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See also Malicious prosecution. The malicious perversion of a regularly issued civil or criminal process, for a purpose, and to obtain a result not lawfully warranted or properly attainable thereby, and for which perversion an action will lie to recover the pecuniary loss sustained. An improper use. The malicious misuse of a civil or criminal procedure with the intent to achieve an unlawful or improper advantage. The improper use of process to bring about a result other than that for which the process was intended. One who uses a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which it is not designed is subject to liability to the other for harm caused by the abuse of process. Restatement (Second) of Torts Section 682 (1977). 


To recover upon a theory of abuse of process, a plaintiff must plead and prove (1) an ulterior purpose and (2) an act in the use of process which is improper in the regular prosecution of the proceeding. Spear v Pendill, 164 Mich 620, 623; 130 NW 343 (1911).The Restatement Torts, 2d, explains the tort of abuse of process as follows: 'The gravamen of the misconduct ...

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